Accountability and Transparency

Policies

The Municipal Act, 2001 requires municipalities to have policies related to:

• Sale and other disposition of land
• Hiring of employees
• The relationship between council and municipal officers and employees
• Procurement of goods and services
• The circumstances in which the municipality shall provide notice to the public and the form, manner and times notice shall be given
• Delegation of its powers and duties
• Protection of the tree canopy and natural vegetation in the municipality
• Pregnancy leaves and parental leaves of members of Council 

Code of Conduct

In accordance with subsection 223.2(1) of the Municipal Act, 2001, municipalities are required to adopt a Code of Conduct for members of council and certain local boards.

Ontario Regulation 55/18 requires that a code of conduct include prescribed subject matters:

• Gifts, benefits and hospitality
• Respectful conduct, including conduct toward officers and employees of the municipality or the local board
• Confidential information
• Use of property of the municipality or of the local board

Read the Code of Conduct for Members of Council and Local Boards

Integrity Commissioner

The Municipal Act, 2001 authorizes the municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following:

• The application of the code of conduct for members of Council and the code of conduct for members of local boards.
• The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of Council and of local boards.
• The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of Council and of local boards.
• Requests from members of Council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
• Requests from members of Council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
• Requests from members of Council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
• The provision of educational information to members of Council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of Council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1).

The Integrity Commissioner notes that although not required by the Province, it is essential that municipalities include a complaint protocol within their Codes of Conduct. Courts have indicated that an Integrity Commissioner relies on the Code of Conduct together with the complaint protocol as the ‘home statute’ of the Integrity Commissioner.

Please reach out to the staff listed below to acquire the contact information for our current Integrity Commissioner.

Provincial Ombudsman

The Municipal Act, 2001 authorizes the municipality to appoint an Ombudsman who reports to Council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity.

TLTI Council selected the Ontario Ombudsman as an investigator to ensure council functions in a fair, legal and reasonable manner when conducting business on behalf of the Township.

The Ontario Ombudsman is an independent and impartial Officer of the Legislature who resolves complaints about government and public sector bodies. The Office of the Ontario Ombudsman was established in 1975 and can take complaints about the administrative processes and policies of provincial government and broader public sector bodies, municipalities, universities, and school boards. The Ombudsman attempts to resolve every issue, but in rare cases, may decide to launch an investigation.

Since January 1, 2016, the Ontario Ombudsman has had a role with respect to municipalities. The Ontario Ombudsman cannot compel municipalities to take action, however they make recommendations to Council as part of their report. The Ontario Ombudsman does not replace a locally established complaint mechanism or act as Integrity Commissioner for municipalities.

Conflict of Interest Act

The Municipal Conflict of Interest Act set out what may be regarded as a primary set of ethical rules for Council and local board members. These rules apply, with some exceptions, to Council and local board members if they have a pecuniary (financial) interest in a matter that is before Council (or a local board) at a meeting. A pecuniary interest involves an actual or potential financial gain or loss.

The legislation requires a member with this kind of interest, with certain exceptions, to, among other things:

• Disclose the interest and its general nature before the matter is considered at the meeting
• Not take part in the discussion or voting on any question in respect of the matter
• Not attempt to influence the voting before, during, or after the meeting, and
• Immediately leave the meeting, if the meeting is closed to the public

Potential penalties for contravention of the Act include removal from office. The courts decide whether or not a contravention of the Act has taken place.

The Municipal Conflict of Interest Act will:

• generally prohibit members of Council or of a local board from using their office to attempt to influence decisions or recommendations being considered by municipal or local board employees if the member has a pecuniary interest in the matter
• require a member who discloses a pecuniary interest at a meeting to file a written statement of their interest
• require municipalities and local boards to establish and maintain a registry of statements and declarations of interests of members; these must be available to the public

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) is the primary statute for privacy and confidentiality which sets out rules for collection, use and disclosure of personal information and regulates confidential information of other kinds of information.

Other statutes and laws including local by-laws also regulate personal and other kinds of confidential information.

Members of Council, local boards and committees may have responsibilities if receiving confidential information in the course of their duties to protect and safeguard the information.